Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-02-11
FRIDAY. FEBRUARY IL, 1887.
NnNIt MeasrreG.

In casting about for new measures
calculated 10 relieve Virginia of her
debt troubles, some of her best sons
have come to the conclusion that a con-
stitutional amendment can accomplish
more than a mere act of the Legisia-
ture.
II is certain, however. that in the
presence of the Constitution of the
United States a provision of State
Constitution stands upon exactly the
same footing as State law. That is
TO say, if the obstructive laws passed
by the last and the present General AS
semblies of Virginia are in conflict with
the Constitution of the United States,
they would derive no force from being
incorporated into the State Constitu-
ton. A constitutional provision i'm
pairing the obligation of a contract has
no more virtue than mere law impair
ing the obligation of q contract.
In view of these facts, it may be
asked what good result to the Common
wealth could be expected to follow the
adoption of an amendment to the State
Constitution requiring the interest on
all bonds not funded under the RIDDLE
BERGER bill before q certain day to be
repudiated, or rather forbidding all fu-
ture Legislatures to appropriate any
money TO pay the interest on such
bond?
One answer is that an act of Assem-
bly, passed at one session may be re-
pesled at the next; and the bondhold-
ers would probably take the risk Of
waiting one year for its repeal. But
they could have no hope Of getting the
Constitution changed before their day
of grace ended. Their bonds would
infalhbly be outlawed Another an
swer is that by resorting to a constitu-
tional amendment the Commonwealth
would gain respite of perhaps years;
and if the signs of the times may be
trusted delay of two or three years
would end the contest. The bondhold-
ers would give up in despair and fund
under the RIDDLEBERGRR bill.
An act of one Legislature forbiddlng
any future Legislature to appropriate
any money to pay interest upon the
consols and ten-forties would, OF course,
as we have intimated, not be binding
upon any future Legislature; but a
constitutional provision would be 50
binding until it had been pronounced
unconstitutional by court of. compe-
tent jurisdiction. But query Would
such a law or such constitutional pro-
vision be an impairment OF the obligation
of a contract? What contract? The
only contract which has up to this
time been held TO be impaired by the
LEGISLATION ofVirginia is the contract to
receive coupons for taxes. Certainly
law or a constitutional provision for
bidding the Legislature to appropriate
any money to pay interest upon State
bonds would not be an impairment OF
the obligation of that contract. Why,
then. would such law or such con-
stitutional provision be unconstitutional
under the Federal Constitution 1t
would be unconstitutional in the same
sense in which a law repudiating the
principal would be unconstitutional.
And it has always been adj
mitted. we believe, and we think
one of the justices OF the
Supreme Court of the United States,
N Speaking of the Virginia coupon
cases, said that there was no way oil
compelling a State to pay her debts Ii
the courts would refuse, as in the case
of the reputation of the debt OF Mis-
sissippi they did refuse, to try to make
yirginig pay the principal of her debt
they would of course refuse to try to
make her pay the interest upon It,
They can hide themselves behind
technicabty and evade the eleventh
amendment when an officer refuses to
receive for taxes coupons which the
State has contracted toreceiye for taxes
lint that amendment would stare them
in the face if they were to
undertake to compel a State Legislature
to levy tax to pay either the interest
or the principal of debt. There
would DE no technieality to hide be
h;nd-no mere "jingle of words
which would enable them thus to over
ride and treat with contempt and set a
naught the eleventh amendment.
On the whole, therefore, We are no
sure but the Legislature ought at once
whenever and as soon as it assemblies
10 pass such law as We have been dis
cussing, and let the Supreme Cour
realize ut once that it has reached tn
end OF its tether.
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KEoKUK, Iowa, February IA spe
cial dispatch announces the death 0
IL II.